MAYOR Will Armstrong District 1 Emett Alvarez MAYOR PRO-TEM David Hagan District 4

COUNCILMEMBERS District 3 Paul Polasek District 6 Tom Halepaska

District 2 Josephine E. Soliz

District 5 Joe Truman

City Manager Charmelle Garrett

The City Council of the City of Victoria, Texas will meet, consider, deliberate and may take action on the following items:1 Date: A. Call to Order: 1. 2. 3. B. Pledge of Allegiance Quorum Call Welcome Citizens January 15, 2013

Communication: Items from Council: With respect to items not listed on this agenda, City Council Members may request specific factual information, a recitation of existing policy, or placement of items on the City Council agenda for discussion at a following meeting. Citizen Communication: At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing in the subsection titled: Public Hearings, below. Please note that City Council may not deliberate on topics not included on this agenda.

C.

Ordinances and Items with Public Hearings:2 Public Hearings: The City Council shall call a public hearing before taking action on each item below in this section. Any person wishing to address the City Council on these items should please come forward when that public hearing is called.

1. An ordinance amending Chapters 10 and 13 of the Victoria City Code of Ordinances concerning Solid Waste Collection and Disposal requirements, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. (First Reading, January 2, 2013). Second Reading. Darryl Lesak.

Regardless of the agenda heading under which any item is listed, any subject mentioned in any word or phrase of any item listed on this agenda may be deliberated by City Council, and such words or phrases are hereby added as additional subjects to be considered. Resolutions, ordinances, and other actions concerning any word, phrase, or other subject may be voted, regardless of any language of limitation found in this agenda or any document referring to such action. 2 In addition to the items listed under Public Hearings every item on this agenda shall be considered a public hearing.

2. An ordinance amending Chapter 5 of the Victoria City Code of Ordinances to modify the requirements for off-premise/billboard signs, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. First Reading. Jared Mayfield. D. City Manager Reports: 3

E. Consent Agenda: All consent agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the consent agenda and considered after the remainder of the consent agenda. Information concerning consent agenda items is available for public review. 1. Approval of minutes of the special meeting of January 2, 2013. Scarlet Swoboda. 2. A resolution authorizing the purchase of various water utility stock parts for the Public Works Department from Ferguson Enterprises for their low bid of $34,234.66 via the Texas Purchasing Group, RFQ-RR-10031123; and declaring an effective date. Lynn Short. 3. A resolution authorizing the purchase of a 2013 Model Year loader/backhoe with Extendahoe for $106,513.00 from Doggett Heavy Machinery Services, LTD, of Victoria, Texas; and declaring an effective date. Darryl Lesak. F. Resolutions:

1. A resolution granting a variance to Section 21-55(f) of the Victoria City Code, limiting maximum cul-de-sac length to 750 feet when serving over 24 residential units, for Capstone Estates Phase III, Section I owned by Timothy and Nina Rampey; and declaring an effective date. Jared Mayfield. G. H. Work Session: Executive Sessions: 4

1. Executive Session in accordance with Texas Government Code 551.074 with regard to personnel matters (including, but not limited to the City Manager and City Attorney). Thomas A. Gwosdz. Staff to be present: Thomas A. Gwosdz Jared Mayfield Scarlet Swoboda Lynn Short Darryl Lesak

Any penal ordinance of the City of Victoria or item which is funded by the current or next proposed City of Victoria budget, including, without limitation, any park, street, water pipe, sewer, drainage structure, department, employee, contract, capital improvement project, or real property interest of the City of Victoria may be discussed and deliberated as a City Managers Report, and the subject is hereby defined as such without further notice. In addition, the subjects of this meeting include the regulation of animals, construction, signs, unsafe buildings, floodplains, land development, nuisances, mowing, sanitation, food establishments, manufactured housing, itinerant vendors, outdoor sales, utility companies, sexually oriented businesses, oil & gas wells, amplified sound, land use, juvenile curfew, tobacco products, water wells, and water conservation practices and proposed changes to the City Charter. Any descriptions of property or amounts stated herein are descriptive and not restrictive, and property and amounts may be changed in the motions, actions or documents without further public notice. 4 Any item on this agenda may be discussed in executive session if authorized by Texas law regardless of whether it is listed under Executive Sessions of this agenda, regardless of any past or current practice of the City Council. Executive sessions herein are closed meetings, may include consideration of any item otherwise listed on the agenda plus any subject specified in the executive session notice, and may include items under Texas Government Code Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.084, and/or 551.087. Executive sessions may be held at 105 W. Juan Linn, Victoria, Texas or such other location as determined by the City Council. This agenda has been reviewed and approved by the City Attorney's office, and the presence of any subject in the Executive Session portion of this agenda constitutes a written interpretation of Chapter 551 of the Texas Local Government Code by the attorney for the governmental body indicating that said subject may be legally discussed in a closed meeting.

2nd Reading
Request for Council Agenda Item Department: Development Services Report: _____ Resolution: ______

Meeting Date: __1/2/2013__

Person presenting to Council: Darryl Lesak Ordinance: __X___

Public Hearing: _____

C-1

Topic of Council Item An ordinance amending Chapters 10 and 13 of the Victoria City Code of Ordinances concerning Solid Waste Collection and Disposal requirements, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. Background information The Environmental Services and Development Services Departments have jointly developed code amendments to the Citys solid waste disposal and collection requirements. The purpose of the following code amendments is to make a noticeable improvement to the visual appearance of the City. These revisions reorganize existing sections and establish new rules for the disposal and collection of brush and bulky waste. Major changes include: Reducing multi-unit properties served by the City from 8 or fewer, to 3 or fewer units. Multi-unit properties containing more than 3 residential units will be considered commercial and served by Waste Management. This revision is in direct response to Councils request to reduce the clutter of solid waste and recycling carts at many of these properties. It also allows Solid Waste to keep up with Victorias recent growth. The amended ordinances will go into effect 90 days after Council adoption. Limiting placement of brush and bulky waste at the curb to no more than 48 hours before a scheduled collection time; and Allowing the City to remove any waste in violation of City code upon 7 days notice to the owner. Any cost associated with this waste removal will be added to the customers water bill. This will assist Code Enforcement in reducing the length of time it takes to remove junk piles that frequently litter our neighborhoods. Attached: Proposed Code Amendments Cost Amount of Expenditure: N/A Fund #: Account #: Documents approved by Legal? Cost Center #: Finance Approval:

Legal Approval:

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Meeting Date: __1/2/2013__ Important Dates for Tickler file: Contract Expiration Date: Contract Renewal Date: Other (_______________): __________ __________ __________ Termination Deadline: Performance Deadlines: Other (_______________): __________ __________ __________

Q:\Council Packets\CM-1 Folder\2013\01-02-2013\CM-1 Solid Waste Code Revisions.Docx File 2012-1262

The following sections of the Code are amended as follows. All other sections not listed below remain the same. Sec. 10-40. - Definitions. (b) As used in this division, the following shall apply: Supervision and control shall be determined as follows: (1) The present occupant of the premises shall give rise to prima facie presumption of supervision and control; or (2) If the property is unoccupied, then supervision and control shall be presumed to be in the owner as determined by the current tax roll. (Ord. No. 91-5, 2, 2-18-91; Ord. No. 2007-10, 1, 7-17-07; Ord. No. 2009-9, 7, 5-5-09; Ord. No. 2010-10, 1, 7-6-10) Sec. 13-170. - Definitions. (a) Words and terms:

Residential unit means a building, room or rooms fitted or used, in whole or in part, for human sleeping accommodations, including but not limited to, and except as otherwise expressly provided for herein, all single-family houses, garage apartments, duplexes, triplexes, mobile homes, condominiums, townhouses, townhomes, patio homes, encompassing households and household activity. Residential units shall not include apartments in excess of three (3) individual units per building in a multi-unit arrangement; hotels, motels; tourist courts, camps or parks; boarding houses or other similar rental units. (Ord. No. 93-19, 2, 7-20-93; Ord. No. 2008-11, 1, 10-7-08) Sec. 13-174. - General Prohibitions and Requirements. (a) The city will collect residential refuse, garbage, trash, and yard waste, unless the Director of Environmental Services terminates service to a residential location upon 10 days notice and an opportunity for the affected property owner or recipient of service to present evidence to the director. The director may terminate residential collection at a location if any person at that location violates any provision of this Code that is related to the collection or disposal of residential refuse. (b) (c) No residential container, bag or box shall weigh more than 50 pounds. The City shall collect permissible residential refuse from customers once per week.

(d) It shall be unlawful for any person to place, gather or cause to be gathered any waste on public or private property that poses a threat to public health, safety or welfare, other than in conformity with the terms of this Chapter. (e) It shall be unlawful for any person to place or leave any residential container, empty or

otherwise, on or near the curbline after 8:00 p.m. on the designated collection day or prior to 8:00 p.m. on the day before the day designated for collection. (f) It shall be unlawful for any person performing landscaping, limb cutting, utility repair, remodeling, or construction for hire to create solid waste and: (1) (2) fail to properly dispose of such solid waste, or leave such waste for the City to remove with any residential removal.

(g) It shall be unlawful for any person to place hot ashes or any highly flammable or explosive material in any refuse container used by the city collection service. (h) The city will only pick up on-site generated solid waste. Refuse from vacant lot cleaning operations are the responsibility of the property owner. (i) The city will pick up animal excrement only if contained in an enclosed paper or plastic bag capable of holding such excrement. (j) The City will not remove the following: 1) Tree stumps greater than 6 inches in diameter, more than 4 feet in length, or more than 50 pounds in weight; or 2) 3) 4) 5) Bricks, concrete blocks, concrete, dirt, rocks; or Car parts or large metal objects; or Refuse from major demolition, construction or remodeling projects; or Dead animals.

(k) All brush, bulky waste, yard waste, and/or residential refuse, and other such waste eligible for collection by the city shall be placed at the curbside or other permissible place for collection no later than 7:00 a.m. on the scheduled collection day to ensure collection (Ord. No. 93-19, 2, 7-20-93; Ord. No. 96-16, 1, 9-17-96; Ord. No. 2008-11, 2, 10-7-08) Sec. 13-175. Disposal and Collection of Yard Waste, Brush and Bulky Waste. (a) It shall be unlawful for any person to place brush, bulky waste, and other such waste for collection more than 48 hours before the scheduled collection time. (b) Residential customers desiring collection and disposal of brush and/or bulky wastes shall set all materials for collection no closer than five feet from overhead wires, fixed objects, buildings and structures. Items within the five-foot perimeter will be considered uncollectible. At no time shall collection items obstruct pedestrian walkways or vehicular traffic. Items shall be maintained in a fashion to prevent windblown litter. (c) The City will pick up minor construction waste such as sheetrock, small amounts of paneling, plywood, fencing or similar materials. Such materials shall be in approved containers or stacked

neatly securely tied, and not more than 4 feet in length nor wider than 2 feet. (d) The City will collect up to 3 bundles of landscape brush (tree trimmings, hedge clippings and similar materials) on each regular pickup day provided the bundles are securely tied, less than 4 feet long, not more than 2 feet in diameter, and weighing not more than 50 pounds. (e) All yard waste must be in approved containers weighing no more than 50 pounds. (f) The City will pick up brush and bulky items according to the schedule set by the Director. (Ord. No. 93-19, 2, 7-20-93; Ord. No. 2008-11, 3, 10-7-08) Sec. 13-176. - Duty to remove uncollected refuse. Upon seven (7) days notice by the city, the owner, lessee or occupant of any building, residential unit, structure or land shall remove all refuse items that are: (1) (2) Prohibited by this article from regular city residential solid waste collection service; and Located on the public right-of-way adjacent to and abutting his or her property.

(Ord. No. 93-19, 2, 7-20-93) Sec. 13-177. - Collection charges. (a) There shall be charged, assessed and collected from the owner, lessee or occupant of each residential unit serviced by the city a fee for solid waste collection services. Said charge shall be established by separate ordinance on file in the city secretary's office and may be changed and adjusted from time to time by ordinance at the discretion of the city council. (b) Any multiple-dwelling residential unit serviced by the city shall be billed per family unit.

(c) Said charges shall be collected on a monthly basis through the utility billing office of the city and shall appear as a separate item on the monthly utility bill. The due date, penalty and termination of service regulations shall be the same for solid waste service as for water/wastewater service. (d) Improperly or unprepared waste, litter or debris that constitutes a hazard or nuisance to the community will be considered a nuisance, and fall under the terms of Chapter 10 of the Municipal Code. (Ord. No. 93-19, 2, 7-20-93)

2nd Reading
Ordinance No. 2013-______

C-1

An ordinance amending Chapters 10 and 13 of the Victoria City Code of Ordinances concerning solid waste collection and disposal requirements, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. Whereas the Environmental and Development Services Departments have jointly developed code amendments to the Citys Solid Waste disposal and collection regulations intended to make a noticeable improvement in the visual appearance of the City; and Whereas the revisions reorganize existing regulations as well as place new rules for disposal and collection of brush and bulky waste. Now therefore, be it ordained by the City Council of the City of Victoria, Texas 1. The following sections of Chapters 10 and 13 of the Victoria City Code are amended to read as follows: Sec. 10-40. - Definitions. (b) As used in this division, the following shall apply: Supervision and control shall be determined as follows: (1) The present occupant of the premises shall give rise to prima facie presumption of supervision and control; or (2) If the property is unoccupied, then supervision and control shall be presumed to be in the owner as determined by the current tax roll.;or (3) If the property is unoccupied and is listed with a real estate agency, such agency shall, in absence of any other designated agent, be presumed to be the agent of the owner and shall therefore be presumed to have supervision and control. Sec. 13-170. - Definitions. (a) Words and terms: Residential unit means a building, room or rooms fitted or used, in whole or in part, for human sleeping accommodations, including but not limited to, and except as otherwise expressly provided for herein, all single-family houses, garage apartments, duplexes, triplexes, and quadraplex apartments, mobile homes, condominiums, townhouses, townhomes, patio homes, and apartments of eight (8) or fewer individual units per building, encompassing households and household activity. Residential units shall not include apartments in excess of eight (8) three (3) individual units per building in a multi-unit arrangement; hotels, motels; tourist courts, camps or parks; boarding houses or other similar rental units. Sec. 13-174. Residential collection (and certain commercial serviced by city) Permissable refuse. General Prohibitions and Requirements. (a) The city will collect residential refuse, garbage, trash, and yard waste, unless the Director of public works Environmental Services terminates service to a residential location upon 10 days notice and an opportunity for the affected

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property owner or recipient of service to present evidence to the director. The director may terminate residential collection at a location if any person at that location violates any provision of this Code that is related to the collection or disposal of residential refuse. (b) No residential container, bag or box shall weigh more than 50 pounds. (c) The City shall collect permissible residential refuse from customers once per week. All yard waste must be in approved containers weighing no more than 50 pounds. (d) It shall be unlawful for any person to place, gather or cause to be gathered any waste on public or private property that poses a threat to public health, safety or welfare, other than in conformity with the terms of this Chapter. The city will collect up to 3 bundles of landscape brush (tree trimmings, hedge clippings and similar material) on each regular pickup day provided the bundles are securely tied, less than 4 feet long, not more than 2 feet in diameter and weighing not more than 50 pounds. (e) It shall be unlawful for any person to place or leave any residential container, empty or otherwise, on or near the curbline after 8:00 p.m. on the designated collection day or prior to 8:00 p.m. on the day before the day designated for collection. The city will collect bulk amounts of limbs with a chipper, brush truck or packer truck according to a schedule set by the director. (f) It shall be unlawful for any person performing landscaping, limb cutting, utility repair, remodeling, or construction for hire to create solid waste and: (1) fail to properly dispose of such solid waste, or (2) leave such waste for the City to remove with any residential removal. The city will pick up minor construction demolition waste, such as sheetrock, small amounts of waste wood, fencing and similar materials. Such materials shall be in approved containers or stacked neatly, securely tied, not more than 4 feet in length and weighing not more than 50 pounds or whatever is appropriate for ease of collection. Sheetrock, paneling, plywood and similar material must be no wider than 2 feet nor longer than 4 feet. (g) It shall be unlawful for any person to place hot ashes or any highly flammable or explosive material in any refuse container used by the city collection service. The city will pick up tree trunks less than 6 inches in diameter, not more than 4 feet in length and not more than 50 pounds in weight. (h) The city will only pick up on-site generated solid waste. Refuse from vacant lot cleaning operations are the responsibility of the property owner. The city will pick up appliances and furniture according to a schedule set by the Director. (i) The city will pick up animal excrement only if contained in an enclosed paper or plastic bag capable of holding such excrement. The city will not remove bulky items, such as large tree stumps or loose brush cuttings.

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(j)

The City will not remove the following: (1) Tree stumps greater than 6 inches in diameter, more than 4 feet in length, or more than 50 pounds in weight; or (2) Bricks, concrete blocks, concrete, dirt, rocks; or (3) Car parts or large metal objects; or (4) Refuse from major demolition, construction or remodeling projects; or (5) Dead animals.

The city will not remove bricks, concrete blocks, concrete, dirt, rocks, car parts, large metal objects or refuse from major construction or remodeling projects. (k) All brush, bulky waste, yard waste, and/or residential refuse, and other such waste eligible for collection by the city shall be placed at the curbside or other permissible place for collection no later than 7:00 a.m. on the scheduled collection day to ensure collection. The city will not pick up refuse from vacant lot cleaning operations unless approved by the director under the citys weedy lot abatement program. (l) The regular city collection service shall not remove dead animals. (m) A person commits an offense if he places hot ashes or any highly flammable or explosive material in any refuse container used by the city collection service or any commercial collection service. (n) The city will pick up only on site generated solid waste. (o) It shall be unlawful for any person performing landscaping, limb cutting, utility repair, remodeling, or construction for hire to create solid waste and: (1) fail to properly dispose of such solid waste, or (2) leave such waste for the City to remove with any residential removal. (p) The city will pick up animal excrement only if contained in an enclosed paper or plastic bag capable of holding such excrement. Sec. 13-175. Disposal and Collection of Yard Waste, Brush and Bulky Waste. Same Preparation of refuse for collection. (a) It shall be unlawful for any person to place brush, bulky waste, and other such waste for collection more than 48 hours before the scheduled collection time. All solid waste residential containers shall be placed on or near the curbline along designated collection routes or in a place determined by the city not later than 8:00 a.m. on the days designated by the director for collection. (b) Residential customers desiring collection and disposal of brush and/or bulky wastes shall set all materials for collection no closer than five feet from overhead wires, fixed objects, buildings and structures. Items within the five-foot perimeter will be considered uncollectible. At no time shall collection items obstruct pedestrian walkways or vehicular traffic. Items shall be maintained in a fashion to prevent windblown litter. It shall be unlawful for any person to place or leave any residential container, empty or otherwise, on or near the curbline after 8:00 p.m. on the designated collection day or prior to 8:00 p.m. on the day before the day designated for collection.

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(c) The City will pick up minor construction waste such as sheetrock, small amounts of paneling, plywood, fencing or similar materials. Such materials shall be in approved containers or stacked neatly securely tied, and not more than 4 feet in length nor wider than 2 feet. The city shall collect permissible residential refuse from customers once per week. (d) The City will collect up to 3 bundles of landscape brush (tree trimmings, hedge clippings and similar materials) on each regular pickup day provided the bundles are securely tied, less than 4 feet long, not more than 2 feet in diameter, and weighing not more than 50 pounds. All loose refuse shall be placed in approved residential containers. Refuse subject to being blown by winds shall be covered, tied, weighted or appropriately contained. (e) All yard waste must be in approved containers weighing no more than 50 pounds. (f) The City will pick up brush and bulky items according to the schedule set by the Director. Sec. 13-176. - Duty to remove uncollected refuse. Upon three (3) seven (7) days notice by the city, the owner, lessee or occupant of any building, residential unit, structure or land shall remove all refuse items that are: (1) Prohibited by this article from regular city residential solid waste collection service; and (2) Located on the public right-of-way adjacent to and abutting his or her property. Sec. 13-177. - Collection charges. (a) There shall be charged, assessed and collected from the owner, lessee or occupant of each residential and commercial unit serviced by the city a fee for city residential solid waste collection services. Said charge shall be established by separate ordinance on file in the city secretary's office and may be changed and adjusted from time to time by ordinance at the discretion of the city council. (b) Any multiple-dwelling residential unit serviced by the city shall be billed per family unit. (c) Said charges shall be collected on a monthly basis through the utility billing office of the city and shall appear as a separate item on the monthly water utility bill. The due date, penalty and termination of service regulations shall be the same for solid waste service as for water/wastewater service. (d) Improperly or unprepared waste, litter or debris that constitutes a hazard or nuisance to the community will be considered a nuisance, and fall under the terms of Chapter 10 of the Municipal Code. 2. All parts of ordinances in conflict with this ordinance are repealed to the extent of such conflict. 3. The City Secretary shall publish the caption or a descriptive title of this ordinance one time within 10 days after final passage of the ordinance in a newspaper of general circulation in the City of Victoria in accordance with Article II, 10 of the City Charter.

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4. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this ordinance by injunction issued by a court of competent jurisdiction. 5. It is the intention of the City Council that this ordinance shall become a part of the Code of the City of Victoria, Texas, and it may be renumbered and codified therein accordingly, in the manner approved by the City Attorney. The Code of the City of Victoria, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 6. If any provision of this ordinance, or the application thereof to any person or circumstances, shall be held invalid or unconstitutional by a Court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. 7. This ordinance shall become effective 10 days after final passage and approval by the City Council of the City of Victoria, Texas. Passed first reading, this the 2nd day of January, 2013 Ayes: Nays: Abstentions: Passed second reading, this the ______ day of ______________, 2013 Ayes: Nays: Abstentions: Passed third reading, this the _____ day of _______________, 2013 Ayes: Nays: Abstentions: Approved and adopted, this the _____ day of _______________, 2013

______________________________ Will Armstrong, Mayor of the City of Victoria, Texas Attest: __________________________ Scarlet Swoboda, City Secretary Approved as to legal form: _______________________________ Thomas A. Gwosdz, City Attorney

Distribution:

Legal Department Development Services Environmental Services

Copies Sent:______________________

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Meeting Date: __1/15/2013__ Request for Council Agenda Item Department: Development Services Report: _____ Resolution: _____ Person presenting to Council: Jared Mayfield Ordinance: _X___

Public Hearing: __X__

C-2

Topic of Council Item An ordinance amending Chapter 5 of the Victoria City Code of Ordinances to modify the requirements for off-premise/billboard signs, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. Background information On November 1, 2012 the Planning Commission held a special work session to discuss the status of recent off-premise/billboard revisions and to review the Victoria 2025 Comprehensive Plan as it relates to billboards. The Commission decided to readdress the separation distance requirement between billboards which was specifically addressed in the Comprehensive Plan. Subsequently, Planning Staff also recommended some administrative changes to the City Code to simplify the review process. The Planning Commission held a public hearing to receive public comment on these proposed revisions at their December 20, 2012 meeting. The Commission voted unanimously to recommend adoption of the following revisions: Separation from existing billboards this revision will increase the separation distance between an existing billboard and a proposed billboard from 500 feet to 750 feet. Freestanding sign measurement this revision will add clarification to the measurement review procedures by identifying those signs on the same side of the street as eligible for review. Removal of location review requirement this revision will allow future billboard applications to be processed under one permit application instead of two. This will reduce the number of trips to the office by the applicant and streamline the review and reporting process for staff. Require a demolition permit when removing a billboard this revision will provide an official process to document and inventory the total number of billboards within the city limits. Attachment: Planning Staff report

Amount of Expenditure: N/A Fund #: Account #: Documents approved by Legal? Important Dates for Tickler file: Contract Expiration Date: Contract Renewal Date: Other (_______________): __________ __________ __________

Cost Center #: Finance Approval: Legal Approval:

Termination Deadline: Performance Deadlines: Other (_______________):

__________ __________ __________

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SignOrdRev-Dec2012.docx

Agenda Item #: D-2

CASE:

December 20, 2012

Sign Ordinance Revisions

Staff Contact:

Monica Leal, Development Coordinator

PROPOSED REVISIONS:

(a) Billboards/ Off-Premise Signs. This proposed revision will increase the separation between billboards on the same side of the street from 500ft to 750ft, add clarification to provide consistent measurement on the same side of the street, required demolition permits when billboards are removed, and to streamline the approval process. Sec. 5-154 (a) No billboards/ off-premise signs shall be located: 1. Within 200 feet of any on-premise freestanding sign on the same side of the street. This section shall not limit the subsequent construction of on-premise freestanding signs otherwise allowed by this code. 2. Within 200 feet of any intersection controlled by a traffic control signal. 3. Within 500 750 feet of any other billboard on the same side of a street other than a street designated as a freeway on the Master Thoroughfare plan. 4. Within 1,000 feet of any other billboard on the same side of a street designated as a freeway on the Master Thoroughfare plan. 5. Within a designated historic district, as described in Section 21-82(i) of the City Code. In determining the distance specified in this subsection, the distance between billboards shall be measured along the right-of-way from the centerline of the supporting pole to the centerline of the other supporting pole, or nearest supporting pole if there is more than one. (g) (h) All private utilities for the billboard shall be located underground. A location review permit is required and shall be approved before an application for a sign permit will be accepted. A plot plan describing the property and showing the location of the sign is required, along with a copy of the executed lease, deed or other contract for the property that shows the applicant for the sign permit has the right to place a sign on the

Agenda Item #: D-2 property upon which the sign is to be placed.

Pg. 2

(h) No billboard shall be utilized until the final inspection has been approved and either a certificate of approval or certificate of occupancy has been issued. (i) Billboard permits will expire 6 months after issuance. If a billboard is constructed after such expiration, a new billboard permit must be obtained prior to such construction, and another billboard installation and inspection fee (but not a location review permit fee) must be paid. Billboard owners shall notify the Director when a billboard is removed. The removal of a billboard will require a demolition permit. Billboard approvals will be processed under one permit application requiring the following information for processing: (1) Copy of the executed lease, deed, or other contract showing the applicant has permission to locate the billboard on the subject property. (2) Scaled and dimensioned plot plan with platted setbacks/easements and sign location from front and side property lines. Plan shall also include all other signs located on the property. (3) Billboard plans showing design of sign, height, foundation, elevation view, square footage, and engineer seal if over 25 feet tall.

(j)

(k)

BACKGROUND INFORMATION:

This item was discussed at the September 20, 2012 Planning Commission meeting and it was decided to call a special work session for further discussion. At the November 3, 2012 Planning Commission Special Work Session the Commission reviewed the Victoria 2025 Comprehensive Plan in regards to the proliferation of billboards that is addressed under Chapter 11, Community Image and its goals and objectives. After extensive discussion it was agreed to readdress Section 5-154(a)(3) Billboards/ Off-Premise Signs, separation from existing billboards, to increase the separation distance from existing billboards from 500ft to 750ft of any other billboard on the same side of a street other than a street designated as a freeway on the Master Thoroughfare Plan. The Commission felt that this change specifically addressed the intent of the Comprehensive Plan to strengthen the ordinance to increase the billboard separation requirements.

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Agenda Item #: D-2

Pg. 3

Victoria 2025 Comprehensive Plan

Chapter 11: Community Image 11.6 Goals and Objectives Goal 1: Enhance the appearance of the city by blending future development with its physical environment. Objective 1.6: Revise the sign ordinance to stop the proliferation of billboards in Victoria. In 2014 when the Comprehensive Plan is reviewed and updated, the Planning Commission may make further recommendations for revisions at that time. Staff is also proposing to add clarification to the measurement requirement for billboards and freestanding signs on the same side of the street, require demolition permits when billboards are removed, and to streamline the review process.

P:\Planning Commission\Packets\2012\12-20-12 Mtg\SignOrd Revisions- billboards -December 2012.docx

Ordinance No. 2013-______

C-2

An ordinance amending Chapter 5 of the Victoria City Code of Ordinances to modify the requirements for off-premise/billboard signs, repealing conflicting ordinances, providing for publication, enforcement, codification and savings; and declaring an effective date. Whereas the Planning Commission held a special work session on November 1, 2012 to discuss the status of recent off-premise/billboard revisions and review the Victoria 2025 Comprehensive Plan as it relates to billboards; Whereas this revision will increase the separation distance between an existing billboard and a proposed billboard from 500 feet to 750 feet; Whereas this revision will add clarification to the measurement review procedures by identifying those signs on the same side of the street as eligible; Whereas this revision will allow future billboard applications to be processed under one permit application instead of two in order to reduce the number of trips to the office by the applicant, and streamline the review and reporting process for staff; and Whereas this revision will add the requirement of obtaining a demolition permit when removing a billboard, resulting in the creation of an official process to document and inventory the total number of billboards within the city limits. Now therefore, be it ordained by the City Council of the City of Victoria, Texas: 1. The following sections of Chapter 5 of the Victoria City Code of Ordinances are amended to read as follows: Sec. 5-154. Billboards/Off-Premise Signs. (a) No billboards/off-premise signs shall be located: 1. Within 200 feet of any on-premise freestanding sign on the same side of the street. This section shall not limit the subsequent construction of on-premise freestanding signs otherwise allowed by this code. 2. Within 200 feet of any intersection controlled by a traffic control signal. 3. Within 500 750 feet of any other billboard on the same side of a street other than a street designated as a freeway on the Master Thoroughfare plan. 4. Within 1,000 feet of any other billboard on the same side of a street designated as a freeway on the Master Thoroughfare plan. 5. Within a designated historic district, as described in Section 21-82(i) of the City Code. In determining the distance specified in this subsection, the distance between billboards shall be measured along the right-of-way from the centerline of the supporting pole to the centerline of the other supporting pole, or nearest supporting pole if there is more than one. (g) All private utilities for the billboard shall be located underground. (h) A location review permit is required and shall be approved before an application for a sign permit will be accepted. A plot plan describing the property and showing the location of the sign is required, along with a copy of the executed lease, deed or other contract for the property that shows the applicant for the sign permit has the right to place a sign on the property upon which the sign is to be placed.

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(h) No billboard shall be utilized until the final inspection has been approved and either a certificate of approval or certificate of occupancy has been issued. (i) Billboard permits will expire 6 months after issuance. If a billboard is constructed after such expiration, a new billboard permit must be obtained prior to such construction, and another billboard installation and inspection fee (but not a location review permit fee) must be paid. (j) Billboard owners shall notify the Director when a billboard is removed. The removal of a billboard will require a demolition permit. (k) Billboard approvals will be processed under one permit application requiring the following information for processing: (1) Copy of the executed lease, deed, or other contract showing the applicant has permission to locate the billboard on the subject property. (2) Scaled and dimensioned plot plan with platted setbacks/easements and sign location from front and side property lines. Plan shall also include all other signs located on the property. (3) Billboard plans showing design of sign, height, foundation, elevation view, square footage, and engineer seal if over 25 feet tall. 2. conflict. All parts of ordinances in conflict with this ordinance are repealed to the extent of such

3. The City Secretary shall publish the caption or a descriptive title of this ordinance one time within 10 days after final passage of the ordinance in a newspaper of general circulation in the City of Victoria in accordance with Article II, 10 of the City Charter. 4. In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this ordinance by injunction issued by a court of competent jurisdiction. 5. It is the intention of the City Council that this ordinance shall become a part of the Code of the City of Victoria, Texas, and it may be renumbered and codified therein accordingly, in the manner approved by the City Attorney. The Code of the City of Victoria, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. 6. If any provision of this ordinance, or the application thereof to any person or circumstances, shall be held invalid or unconstitutional by a Court of competent jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. 7. This ordinance shall become effective 10 days after final passage and approval by the City Council of the City of Victoria, Texas.

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Passed first reading, this the 15th day of January, 2013. Ayes: Nays: Abstentions: Passed second reading, this the ______ day of ______________, 2013 Ayes: Nays: Abstentions: Passed third reading, this the _____ day of __________________, 2013 Ayes: Nays: Abstentions: Approved and adopted, this the _____ day of _______________, 2013

______________________________ Will Armstrong, Mayor of the City of Victoria, Texas Attest: __________________________ Scarlet Swoboda, City Secretary Approved as to legal form: _______________________________ Thomas A. Gwosdz, City Attorney

Distribution:

Legal Department Development Services

Copies Sent:______________________

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VICTORIA CITY COUNCIL January 2, 2013

E-1

CALL TO ORDER A special meeting of the Victoria City Council was called to order by Mayor Will Armstrong at 5:00 p.m. Tuesday, January 2, 2013 in the Council Chambers, 107 W. Juan Linn, Victoria, Texas. The pledge of allegiance was said, and all citizens were welcomed. MEMBERS PRESENT Will Armstrong, Mayor David Hagan, Mayor Pro-Tem Emett Alvarez Josephine E. Soliz Paul Polasek Joe Truman Tom Halepaska STAFF PRESENT Charmelle Garrett, City Manager John Kaminski, Assistant City Manager Thomas A. Gwosdz, City Attorney Linda Champion, Assistant City Attorney Gilbert P. Reyna, Jr., Director, Finance Lynn Short, Director, Public Works Darryl Lesak, Director, Environmental Services Doug Cochran, Director, Parks and Recreation Jared Mayfield, Director, Development Services Dayna Williams-Capone, Director, Library Cheryl Marthiljohni, Director, Human Resources Taner Drake, Fire Chief Jeffrey Craig, Police Chief James Foote, Director, Information Technology Jerry James, Director, Intergovernmental Relations Ken Gill, City Engineer Scarlet Swoboda, City Secretary

ITEMS FROM COUNCIL Cm. Hagan asked why the American Electric Power (AEP) poles were being placed in the new sidewalks along Sam Houston. He questioned whether AEP was playing by the same rules that everyone else had to play by. City Engineer, Ken Gill explained that AEP had planned that project a year before the Sam Houston Reconstruction Project started. AEP Transmission out of Tulsa, Oklahoma is a different entity than the distribution company, however in talking with AEP; they plan to extend the sidewalks out to get the necessary clearance around those poles. CITIZENS COMMUNICATION Several individuals spoke against closing one block on De Leon Street across from St. Joseph High School. They supported St. Josephs desire for expansion, but cited traffic and safety concerns. A petition with approximately 65 signatures opposing closure of the street was submitted to Council. Concerns were expressed that the residents in the neighborhood had not been adequately informed about the potential closure, or any other options that may have been considered. It was suggested that before taking any action, there should be three public hearings, to allow citizens the opportunity to express their concerns. There was also a suggestion to build an overhead crosswalk over that section of De Leon Street. Those speaking in opposition were Charla Borchers, 2203 N. De Leon; Clara Ramos, 1412 Anaqua; Jim Stokes, 307 E. Buena Vista; and Dolly Stokes, 307 E. Buena Vista. Bill McArdle, 410 Ashland Creek, Principal of St. Joseph High School, explained that St. Joseph Schools had applied for a Federal Emergency Management Agency (FEMA) grant, and based on where the application was in the grant process, in all likelihood they would receive the grant. The facility that they proposed building would be on the property across De Leon Street. He stated that closing that section of the street would make it safer for the students, as they would cross that section of roadway several times a day once the new building was completed. Several parents and other individuals spoke in favor of the closure, with some pointing out that St. Joseph Schools had worked hard to create reasonable solutions to address concerns of the parents and residents in the neighborhood, keeping in mind safety for all. Some suggested that safety of the students was the most important issue. Those speaking in favor were Robert Kovar, 1345 Ben Oaks Drive, Inez, Texas, Chairman of the Board of St. Joseph High School; Patrick Strauss, 2206 E.

CITY COUNCIL MINUTES January 2, 2013 Loma Vista; Father Stan De Boe, 208 W. River Street, Pastor of Our Lady of Sorrows Catholic Church; and Arturo Calvo, 208 Paisano Drive. Mayor Armstrong asked the City Attorney to address the concern expressed by one of the individuals regarding public hearings. City Attorney Gwosdz explained the difference between an ordinance, which requires three readings and votes, and a resolution, which only requires one. He stated that the item on the agenda was a resolution, which in this case was similar to the escrow process when buying a house. It would authorize the City Manager to sign a contract that may later result in the sale or exchange of the two pieces of property. However, before the City could close on the property a public hearing and three readings on an ordinance to authorize the sale would be brought to Council for consideration. RESOLUTION 2013-4R Transfer portion of De Leon Street to St. Joseph Schools, Inc., in exchange for approximately 0.251 acres along Red River Street The resolution authorizes the City Manager to execute all documents necessary to transfer approximately 0.358 acres within the De Leon Street right-of-way to St. Joseph Schools, Inc., in exchange for approximately 0.251 acres along Red River Street for $11,700, and up to $25,000 for utility relocation. Jared Mayfield. Cm. Alvarez moved to amend the resolution to create a no parking zone and close that section of the street from 7:00 a.m. to 6:00 p.m., with Cm. Soliz seconding the motion. The motion to amend the resolution failed by the following vote: AYES: Council Members Alvarez, Soliz, and Truman NAYS: Council Members Polasek, Hagan, Halepaska, and Mayor Armstrong Cm. Polasek moved that the resolution be adopted, with Cm. Halepaska seconding the motion. The resolution was adopted by the following vote: AYES: Council Members Polasek, Hagan, Truman, Halepaska, and Mayor Armstrong NAYS: Council Members Alvarez and Soliz ITEMS FROM COUNCIL Report on Sales Tax. Requested by Josephine E. Soliz. Finance Director Reyna reported that there were two contingency plans if sales tax revenues come in short: 1) The 2013 Budget General Fund includes approximately $7.9 million in one-time expenditures, which includes $5.5 million in transfers to the Government Construction Fund in order to fund the 2013 Governmental Capital Improvement Projects. The administrations strategy was to move forward with the engineering costs associated with certain Capital Improvement Construction Projects in the first quarter of Fiscal Year 2013. If sales tax revenues were meeting budget amounts in the second quarter, the administration would recommend moving forward with the construction costs of those projects. If not, the administration would recommend re-evaluating, re-assessing, or delaying some of the projects. 2) Increasing the General Fund reserve fund balance. PUBIC HEARINGS Mayor Armstrong opened a public hearing on the following item: ORDINANCE 2013-1 Amend Chapters 10 and 13 Solid Waste Collection and Disposal City Attorney Gwosdz read the caption of Ordinance 2013-1, which amends Chapters 10 and 13 of the Victoria City Code of Ordinances concerning solid waste collection and disposal requirements. First Reading. Darryl Lesak. Mayor Armstrong asked if there were any questions from Council or the audience. He suggested that public hearings also be held at the next two readings, and the ordinance be voted on three separate times.

CITY COUNCIL MINUTES January 2, 2013

Cm. Polasek moved that the ordinance pass on first reading, with Cm. Hagan seconding the motion. The ordinance passed on first reading by the following vote: AYES: Council Members Alvarez, Soliz, Polasek, Hagan, Truman, Halepaska, and Mayor Armstrong NAYS: None Caption:
AN ORDINANCE AMENDING CHAPTERS 10 AND 13 OF THE VICTORIA CITY CODE OF ORDINANCES CONCERNING SOLID WASTE COLLECTION AND DISPOSAL REQUIREMENTS, REPEALING CONFLICTING ORDINANCES, PROVIDING FOR PUBLICATION, ENFORCEMENT, CODIFICATION AND SAVINGS; AND DECLARING AN EFFECTIVE DATE.

Mayor Armstrong closed the public hearing. CITY MANAGER REPORTS Status of on-going Capital Improvement Projects Public Works Director Short reported that there were eleven projects under construction, with a combined total cost of $63.1 million. He advised that Sam Houston Drive Reconstruction Project, an $18.1 million project, between Laurent and Business 59 is almost complete, with the exception of fiber optic cable for the traffic signals, and the contractor is still waiting for the cable to come in. The estimated time of completion would be the end of January 2013. Another notable project under construction is the Loop 463 Overpass Project, which is a $17.8 million project that the Texas Department of Transportation (TxDOT) is administering, with an estimated completion date of April 2013. The Automatic Meter Reading Project is an $8.3 million project in progress to replace all of the Citys 23,000 water meters and install a fixed based automatic radiometer reading system, estimated for completion in March or April 2013. The John Stockbauer Drive Reconstruction Project is a $6.5 million project to rebuild that roadway from U.S. 59 to Business 59, with a May 2013 completion date. The Red River Reconstruction Project from Vine to Memorial is under construction, with an estimated completion of May 2013. He advised that in the Council packets there was a status report on the aforementioned projects and additional projects. Public Works Director Short stated that additionally six projects had been bid, and staff was preparing to bring contracts to Council for consideration. Those projects total $6.9 million. He stated that there were also ten one-time expenditure projects currently under design, totaling $12.2 million. CONSENT AGENDA: All consent agenda items listed are considered routine by the City Council and are enacted by one motion, unless a Council member requests to remove an item and consider it separately. 1. APPROVAL OF MINUTES: The regular meeting of December 18, 2012 was approved as presented. 2. RESOLUTION 2013-1R Purchase Seven Pentax AWS Video Laryngoscopes: The resolution authorizes the City Manager to purchase seven (7) Pentax AWS Video Laryngoscopes from Ambu, Inc. of Glen Burnie, Maryland for $32,200. Taner Drake. Cm. Soliz moved that the consent agenda be adopted, with Cm. Truman seconding the motion. The consent agenda was adopted by the following vote: AYES: Council Members Alvarez, Soliz, Polasek, Hagan, Truman, Halepaska, and Mayor Armstrong NAYS: None

CITY COUNCIL MINUTES January 2, 2013 RESOLUTION 2013-2R Engineering Services for Odem Street Wastewater Treatment Plant The resolution authorizes the City Manager to execute a Professional Services Agreement between the City of Victoria and CDM Smith, Inc. for engineering services for the Odem Street Wastewater Treatment Plant for $2,572,000. Lynn Short Cm. Polasek moved that the resolution be adopted, with Cm. Halepaska seconding the motion. The resolution was adopted by the following vote: AYES: Council Members Alvarez, Soliz, Polasek, Hagan, Truman, Halepaska, and Mayor Armstrong NAYS: None RESOLUTION 2013-3R Exchange Utility Easements at 6002 Country Club Drive The resolution authorizes the City Manager to exchange utility easements between the City of Victoria and the applicants, Victoria Country Club and Darryl Hammond, from property described as 6002 Country Club Drive. Jared Mayfield. Cm. Hagan moved that the resolution be adopted, with Cm. Soliz seconding the motion. The resolution was adopted by the following vote: AYES: Council Members Alvarez, Soliz, Polasek, Hagan, Truman, Halepaska, and Mayor Armstrong NAYS: None There being no further business, the meeting was adjourned at 6:36 p.m.

APPROVED:____________________________________ WILL ARMSTRONG, Mayor of the City of Victoria, Texas ATTEST: ____________________________________ SCARLET SWOBODA, City Secretary *********************

Meeting Date: January 15, 2013 Request for Council Agenda Item Department: Public Works Report: _____ Resolution: X Person presenting to Council: Lynn Short Ordinance: _____ Public Hearing: _____

E-2

Topic of Council Item A resolution authorizing the purchase of various water utility stock parts for the Public Works Department from Ferguson Enterprises for their low bid of $34,234.66 via the Texas Purchasing Group, RFQ-RR-10031123; and declaring an effective date. Background information The Department of Public Works routinely purchases materials to replenish stock for items used throughout the year. A recent increase in new installations and emergency repairs has depleted stock faster than normal and an unusually large order is required to replace the depleted inventory. This order will replace various materials used on recent repairs, scheduled installations and other projects. A copy of the bid tabulation and list of parts to be purchased has been attached for your review.

Cost Amount of Expenditure: $34,234.66

Fund #: 4041 Account #: 520130 Documents approved by Legal?

Cost Center #: 41WAT Finance Approval:

Legal Approval: Important Dates for Tickler file: Contract Expiration Date: Contract Renewal Date: Other (_______________): __________ __________ __________ Termination Deadline: Performance Deadlines: Other (_______________): __________ __________ __________

Q:\Council Packets\CM-1 Folder\2013\01-15-2013\CM-1 - Water Utility Stock File 2012-1320

- FY 2013.Docx

Resolution No. 2013-______R

E-2

A resolution authorizing the purchase of various water utility stock parts for the Public Works Department from Ferguson Enterprises for their low bid of $34,234.66 via the Texas Purchasing Group, RFQ-RR-10031123; and declaring an effective date. Whereas this acquisition is exempt from Texas requirements for competitive bidding because the request for quote was obtained using the Texas Purchasing Group, RFQ-RR-10031123, covered under an interlocal contract for purchasing pursuant to Tex. Local Govt Code 252.022(a)(12); Whereas the Department of Public Works routinely purchases materials to replenish stock for items used throughout the year; and Whereas a recent increase in new installations and emergency repairs has depleted stock faster than normal and an unusually large order is required to replace the depleted inventory. Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The City Manager is authorized to execute all documents necessary to purchase various water utility stock parts for the Public Works Department from Ferguson Enterprises for their low bid of $34,234.66 via the Texas Purchasing Group, RFQ-RR-10031123, in a form approved by the City Attorney. 2. This resolution shall become effective immediately upon adoption. Passed, this the 15th day of January, 2013 Ayes: Nays: Abstentions: Approved and adopted, this the 15th day of January, 2013

______________________________________ Will Armstrong, Mayor of the City of Victoria, Texas Attest: ________________________________ Scarlet Swoboda, City Secretary Distribution: Legal Department Public Works Finance Department Approved as to legal form: ______________________________________ Thomas A. Gwosdz, City Attorney Copies Sent:_________________________

L:\RESOLUTI\2013\Purchase_WaterUtilityStockParts_FergusonEnterprises_PW_2012-1320.docx File 2012-1320

Texas Purchasing Group

Page 1 of 2

Spreadsheet View for RFQ-RR-10031123

The spreadsheet below includes the responses for this solicitation ranked by company name and total bid for all line items, displayed left to right. Use the links below to manipulate this data in the various ways provided. Click Here to export to Excel.

Re-sort line items by lowest extended price from low to high Re-sort by company name and total bid for all line items

Re-sort line items by lowest extended price from high to low To change back to regular view click here

Item Description 1 3' bury fire hydrant, American Darling B-84-B Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 4' bury fire hydrant, American Darling B-84-B Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: Mueller drain valve facing #A-34 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: Mueller drain valve facing screws #A-35 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: American Darling main valve for B-84-B, #84-41 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: American Darling safety flange repair kit for B-84-B Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: American Darling safety coupling for B-84-B Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: Clow main valve, Medallion Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: Clow drain valve facing, M-16 Medallion Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 10 Clow drain valve facing pins, #M-15 Medallion Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 11

UOM Qty Unit Price EA 4 $1,368.6500

FERGUSON $34,234.66 Ext Price $5,474.60

Unit Price $1,503.2600

COBURN SUPPLY $35,185.86 Ext Price $6,013.04

Quoting Brand Specified

Quoting Brand Below: EAST JORDAN WATERMASTER

EA

$1,435.2500 Quoting Brand Specified

$8,611.50

$1,576.2100 Quoting Brand Below: EAST JORDAN WATERMASTER

$9,457.26

EA

100 $4.2400

$424.00

$3.7800

$378.00

Quoting Brand Specified

Quoting Brand Specified

EA

400 $1.4500

$580.00

$1.2800

$512.00

Quoting Brand Specified

Quoting Brand Specified

EA

40

$48.0000

$1,920.00

$46.9800

$1,879.20

Quoting Brand Specified

Quoting Brand Specified

EA

40

$85.4000

$3,416.00

$84.5000

$3,380.00

Quoting Brand Specified

Quoting Brand Specified

EA

20

$33.2500

$665.00

$31.8300

$636.60

Quoting Brand Specified

Quoting Brand Specified

EA

20

$39.6200

$792.40

$39.4100

$788.20

Quoting Brand Specified

Quoting Brand Specified

EA

60

$8.0000

$480.00

$7.5700

$454.20

Quoting Brand Specified

Quoting Brand Specified

EA

120 $1.3100

$157.20

$1.1400

$136.80

Quoting Brand Specified

Quoting Brand Specified

EA

10

$98.3500

$983.50

$95.4900

$954.90

https://www.texasbidsystem.com/Admin/Award/Review_LineItem/review_LineItem20_2... 12/26/2012

Texas Purchasing Group

Page 2 of 2

Clow safety flange repair kit Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 12 10"x15" Flex Coupling, 10.75"-12. 12" Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 13 1.5" valve box riser, EJlW series 8550 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 14 1.75" valve box riser, EJlW series 8550 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 15 4" MJ joint Restraint w/acces, S/B style120 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 16 12"x6" MJ Cl Tee Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 17 6"x15" SS Repair Clamp, S/B style 226, 6.84-7.24 OD Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 18 10"x15" SS Repair Clamp, S/B style 226, 11.04-12.24 OD Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 19 2"x3/4" IP Tap Saddle S8B style 317 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: 20 6" MJ RS Gate Valve, AFC series 2500 Brand Requirement: Brand Name or Approved Equal Manufacturer: Brand Name or Approved Equal Model Number: Pricing Guarantee: Payment Terms / Discount: Warranty Info: Delivery / Start Date: Minimum Order? Exceptions Taken? Comments/Exceptions:

Quoting Brand Specified

Quoting Brand Specified

EA

$250.0000 Quoting Brand Specified

$750.00

$248.0000 Quoting Brand Below: FORD FC2W-10-L12

$744.00

EA

50

$8.5800 Quoting Brand Specified

$429.00

$9.0000 Quoting Brand Below: SIGMA 562VBR

$450.00

EA

50

$8.5800 $429.00 Quoting Brand Specified

$9.0000 Quoting Brand Below: SIGMA 562VBR

$450.00

EA

20

$34.2400 Quoting Brand Below: FORD URF1500-4-U Vendor Comments USA MADE $126.6800

$684.80

Vendor Comments QUOTING 2"!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! $31.2500 $625.00 Quoting Brand Below: FORD UFR1500CA4-I

EA

$253.36

$129.4300

$258.86

Quoting Brand Specified

Quoting Brand Specified

EA

40

$87.0500 Quoting Brand Below: FORD FS1

$3,482.00

$77.2400 Quoting Brand Below: FORD F1-724-15

$3,089.60

EA

$144.0000 Quoting Brand Below: FORD FS1

$576.00

$121.1200 Quoting Brand Below: FORD F1-1144-15

$484.48

EA

$16.2000 Quoting Brand Below: FORD FS202-979

$97.20

$40.6200 Quoting Brand Below: FORD FC202-250-IP3

$243.72

EA

10

$402.9100 Quoting Brand Specified

$4,029.10

$425.0000 Quoting Brand Below: M&H 4067

$4,250.00

30 DAYS NET 30 7 TO 10 WORKING DAYS Yes, Minimum order amount of $34310.96 is required. No

15 DAYS NET 30 4 WEEKS Yes, Minimum order amount of $35185.86 is required. <font color='#FF0000'>Yes</font> <font color='#FF0000'>1.75" EXTENSIONS NOT AVAILABLE</font>

Cancel - Return to Main Menu

Copyright International Data Base Corp. 1983-2012 - All rights reserved

https://www.texasbidsystem.com/Admin/Award/Review_LineItem/review_LineItem20_2... 12/26/2012

Meeting Date: 01/15/2013 Request for Council Agenda Item Department: Environmental Services Report: _____ Resolution: X

Person presenting to Council: Darryl Lesak Ordinance: _____ Public Hearing: _____

E-3

Topic of Council Item A resolution authorizing the purchase of a 2013 Model Year loader/backhoe with Extendahoe for $106,513.00 from Doggett Heavy Machinery Services, LTD, of Victoria, Texas; and declaring an effective date. Background information This bid award is for one loader/backhoe replacement for the Public Works Department, Waste Water Division. We recommend total cost purchasing be used to buy this backhoe. Under this concept, we buy the backhoe and a 5-year or 5,000 hour extended warranty with guaranteed life cycle maintenance performed by the vendor during the lifecycle term of 5 years or 5,000 hours of operation. Any nonwarranty repairs will be our responsibility. At the end of the life cycle term, the vendor will buy back the backhoe for a previously agreed upon amount of $45,000.00 as per bid. We recommend purchasing this backhoe from Doggett Heavy Machinery Services, LTD of Victoria, Texas. They have proposed a 2013 John Deere 410K loader/backhoe. Their bid meets all minimum specifications and they will deliver the backhoe within 60 days for $106,513.00. This new backhoe will be a replacement for Public Works, Waste Water Division unit #641, which completed its 5 year contract in October, 2012. The City received a buyback of $32,000.00. Cost Amount of Expenditure:$106,513.00

Fund #:950100 (Vehicles) Account #:5051-51VES Documents approved by Legal?

Cost Center #: 51VES Finance Approval: Jerry Seyfert / Andrew Jacob Jerry Seyfert / Darryl Lesak Legal Approval:

Important Dates for Tickler file: Contract Expiration Date: Contract Renewal Date: Other (_______________): __________ __________ __________ Termination Deadline: Performance Deadlines: Other (_______________): __________ __________ __________

Q:\Council Packets\CM-1 Folder\2013\01-15-2013\CM-1 File 2012-1321

For Backhoe.Docx

Resolution No. 2013-______R

E-3

A resolution authorizing the purchase of a 2013 Model Year loader/backhoe with Extendahoe for $106,513.00 from Doggett Heavy Machinery Services, LTD, of Victoria, Texas; and declaring an effective date. Whereas the City Council finds that this acquisition is exempt from Texas requirements for competitive bidding because it is a purchase of personal property sold under an interlocal contract for purchasing pursuant to Tex. Local Govt Code 252.022(a)(12); Whereas the new loader/backhoe will be a replacement for Public Works Waste Water Division Unit #641 which completed its five year contract in October, 2012, and which was repurchased for $32,000.00; Whereas the purchase of the 2013 John Deere 410K loader/backhoe for $106,513.00 from Doggett Heavy Machinery Services, LTD of Victoria, Texas meets all minimum specifications and delivery will occur within 60 days of the effective date; and Whereas the Environmental Services Department recommends total cost purchasing be used to buy this backhoe because it includes an extended warranty with guaranteed life cycle maintenance to be performed by the vendor for 5 years or 5,000 hours of operation, therefore any repairs not covered under warranty will be the responsibility of the City. Further, at the end of the life cycle term, the vendor will repurchase the backhoe for $45,000.00, as agreed upon in their bid. Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. The City Manager is authorized to execute all documents necessary to purchase a 2013 Model Year loader/backhoe with Extendahoe for $106,513.00 from Doggett Heavy Machinery Services, LTD, of Victoria, Texas, through Buy Board contract number 345-10, based on the bid attached hereto as Exhibit A, which includes a guaranteed life cycle maintenance and a 5-year or 5,000 hour extended warranty on the full machine with a guaranteed repurchase price of $45,000.00 after the 5 years or 5,000 hours expires, in a form approved by the City Attorney. 2. This resolution shall become effective immediately upon adoption. Passed, this the 15th day of January, 2013 Ayes: Nays: Abstentions: Approved and adopted, this the 15th day of January, 2013

______________________________________ Will Armstrong, Mayor of the City of Victoria, Texas

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File 2012-1321

Attest: ________________________________ Scarlet Swoboda, City Secretary

Approved as to legal form: ________________________________ Thomas A. Gwosdz, City Attorney

Distribution:

Legal Department Public Works Finance Department

Copies Sent:_________________________

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File 2012-1321

Meeting Date: __1/15/2013___ Request for Council Agenda Item Department: Development Services Report: _____ Resolution: __X___

Person presenting to Council: Jared Mayfield Ordinance: _____

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Public Hearing: _____

Topic of Council Item A resolution granting a variance to Section 21-55(f) of the Victoria City Code, limiting maximum cul-desac length to 750 feet when serving over 24 residential units, for Capstone Estates Phase III, Section I owned by Timothy and Nina Rampey; and declaring an effective date. Background information The subject property is the next phase of the Capstone Estates subdivision and is 26.83 acres located along Northside Road and Tate Road within the Citys Extraterritorial Jurisdiction (ETJ). This phase of the subdivision provides an additional 24 residential lots, extending the existing cul-de-sac, Wellspring Boulevard to 3,360 linear feet. The applicant is seeking a variance to allow the construction of a cul-de-sac that will serve more than 24 dwelling units in excess of the maximum 750 feet in length. City Code requires a cul-de-sac to not exceed a maximum length of 750 feet; except when serving 24 or fewer dwelling units. The proposed cul-de-sac is 3,360 feet in length and will serve a total of 48 residential units. Staff recommends approval of the variance, provided a temporary emergency access road is constructed off of Tate Road. The applicant is agreeable to this condition and has provided those details in the subdivision construction plans. The Planning Commission recommended approval of the variance by a unanimous vote at their December 20, 2012 meeting. Attached: Planning staff report, variance application and emergency access road exhibit. Cost Amount of Expenditure: N/A Fund #: Account #: Documents approved by Legal? Cost Center #: Finance Approval:

Legal Approval: Important Dates for Tickler file: Contract Expiration Date: Contract Renewal Date: Other (_______________): __________ __________ __________ Termination Deadline: Performance Deadlines: Other (_______________): __________ __________ __________

Q:\Council Packets\CM-1 Folder\2013\01-15-2013\CM-1 Capstone Estates Phase III-variance_REVISED.docx File 2012-1317

Agenda Item #: D-1

CASE:

December 20, 2012

1. Variance to Section 21-55(f) of the City Code which requires a cul-de-sac to not exceed a maximum length of 750 feet; except when serving 24 or fewer dwelling units. 2. Final Plat approval of CAPSTONE ESTATES PHASE III - SECTION 1

Location:

Land Use: Applicant(s): Staff Contact:

LOCATION MAP:

Wellspring Boulevard (Existing Street) Being a 26.83 acre tract of land situated in the in the I.R.R. Company Survey, Section 13, Abstract No. 216, in Victoria County, Texas. Rural Residential (R7) Timothy and Nita Rampey Monica Leal, Development Coordinator

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Agenda Item #: D-1

GENERAL DESCRIPTION:

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The subject property is a rural subdivision located within the Citys Extraterritorial Jurisdiction (ETJ). The ETJ extends 3.5 miles beyond the city limits. The property is bordered to the north and northwest by Tate Road, to the southwest by Northside Road, and to the northeast by North Navarro (US 77) and is owned by Timothy & Nita Rampey. The preliminary plat showed 117 single family rural residential lots, two general commercial lots and one open space lot. The lot sizes ranged from 1 to 2 acres for the residential lots, from 2 to 6 acres for the commercial lots and acre for the open space lot. The preliminary plat and Phase I final plat for Capstone Estates Subdivision was approved at the June 2007 Planning Commission meeting. Phase I included 25lots. A one year extension for the preliminary plat was granted by the Planning Commission in April 2012. This proposal is to develop the next phase of housing for this rural subdivision. The developer proposes to extend Wellspring Boulevard, an existing local street, to service 24 additional residential lots. This phase is proposed on 26.83 acres. A temporary cul-de-sac is proposed at the end of Wellspring until the next phase of the subdivision is built that connects to Wellspring Boulevard to other areas of the subdivision. A temporary emergency access road for Fire and Emergency Services is being provided that will provide a second point of access to Tate Road. This final plat also has a variance request. The proposed variance would allow the developer to construct a cul-de-sac that will serve more than 24 dwelling units in excess of the maximum 750 feet in length. The ordinance requires a cul-de-sac to not exceed a maximum length of 750 feet; expect when serving 24 or fewer dwelling units. The proposed cul-de-sac is 3,360 linear feet in length and will serve a total of 49 lots.

INFRASTRUCTURE:

Water: Sewer: Streets: Drainage:

Water service will be provided by private water wells. Sanitary sewer service will be provided by private on-site sewage facilities. Wellspring Boulevard, Existing and Proposed Local, 60 ROW. Storm water drainage to be directed toward a retention/detention pond through an open ditch system. All of the drainage facilities are being designed for a 25-year storm or event.

VARIANCE:

Staff Analysis: The variance request submitted by the applicant indicates that this type of subdivision layout is unique to this site. If the developer was not granted the variance, then the phase with an entrance off of Tate Road would need to be developed and there would be no connectivity with the existing phase of development off of

Agenda Item #: D-1 Pg. 3 Wellspring Boulevard. The developer has agreed to provide an all-weather road for the Fire and Emergency Services that will provide a second access point to Wellspring Blvd. from Tate Road in order to help protect the public safety. Allowing for an increased cul-de-sac length would not negatively impact the adjacent area. The first phase of development was for 24 rural residential lots and one open space lot. It provided a cul-de-sac length of 1,810 linear feet. This subsequent phase will place and additional 1,550 linear feet onto Wellspring Blvd. This phase of development does provide for construction in accordance with the preliminary plat. The proposed cul-desac is temporary. There are two additional roads that will tie into and eliminate any temporary cul-de-sacs with the next phase of development. Staff will require that the proposed development provide an additional point of access for Fire and Emergency Services until such time as the development connects to Tate Road. The developer has accommodated these requests on the construction plans for the final plat. Staff Concessions to Applicant: None. Variance Review Criteria: Section 21-16(a) allows the Planning Commission to recommend approval of variances to the City Council only in cases where it makes specific findings that the request meets the following criteria: 1. The granting of the variance will not be detrimental to the public safety, health, or welfare, or be injurious to surrounding property; 2. The granting of the variance is not based on a hardship which is self-imposed; 3. The hardship is not based solely on the cost of complying with the regulation; 4. The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter; and 5. There are special or unique circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the property. In Favor Granting the variance will not create a negative effect on the surrounding property. Developing this phase prior to the phase on Tate Road will allow for connectivity with the existing phase. The proposed cul-de-sac is temporary and this development will connect to Tate Road when subsequent phases are built. The literal enforcement of a requiring 24 or few dwelling units on a cul-de-sac over 750 feet in length will not allow this phase of development to be built with a temporary cul-de-sac. Against Granting of the variance would create a nonconforming street section. The reduction of the cul-de-sac length could be avoided by building Phase II and Phase III at the same time. The City Code does not have requirements for any temporary road sections or cul-de-sacs. There are other alternatives, such as building Phase II off of Tate Road.

Agenda Item #: D-1

STAFF RECOMMENDATION:

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STAFF RECOMMENDATION FOR VARIANCE REQUEST: Staff recommends approval of the variance request on the condition of that the developer provides an additional point of access for Fire and Emergency Services until such time as the development connects to Tate Road. STAFF RECOMMENDATION FOR PLAT: If the Planning Commission recommends approval of the variance request described above, Development Services Staff recommends Conditional Disapproval of the final plat, subject to City Council approval of the above-described variance request. The motion for conditional disapproval should read as follows: That the final plat of Capstone Estates Phase III Section 1 be disapproved subject to the approval of the submitted variance request by the City Council and the re-offer of any dedications upon approval of said variance. If the variance is approved by the City Council, the plat will be considered approved by the Planning Commission.

Attachments: Final Plat Variance Application Variance Request Letter

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Resolution No. 2013-_______R A resolution granting a variance to Section 21-55(f) of the Victoria City Code, limiting maximum cul-de-sac length to 750 feet when serving over 24 residential units, for Capstone Estates Phase III, Section I owned by Timothy and Nina Rampey; and declaring an effective date. Whereas Section 21-55(f) of the Victoria City Code provides: Sec. 21-55. SameDesign principles. (f) Cul-de-sacs. A cul-de-sac is a local street which is open at one end, with the closed end having a turnaround with a sufficient radius to facilitate the reversal of traffic movement. A cul-de-sac shall not exceed a maximum length of 750 feet; except that upon the recommendation of the Director of Development Services and the approval of the Planning Commission, a cul-de-sac serving 24 or fewer dwelling units may exceed 750 feet in length. For the purposes of this section, cul-de-sac length shall be measured from the nearest right-of-way line of the intersecting street, along the centerline of the cul-de-sac, to the center of the turning radius of the turnaround. A cul-de-sac turnaround in a residential area shall have a minimum rightof-way radius of 50 feet. A cul-de-sac turnaround in a nonresidential area shall have a minimum right-of-way radius of 80 feet. The terminus of a cul-de-sac, which shall be considered to be the rightof-way line at the end of the cul-de-sac, shall not be less than 100 feet from the right-of-way line of another street; Whereas the applicant is seeking a variance to allow the construction of a culde-sac that will serve more than 24 dwelling units in excess of the maximum 750 feet in length because the proposed cul-de-sac is 3,360 feet in length and will serve a total of 48 residential units; and Whereas approval of the variance is conditioned upon a temporary emergency access road constructed off of Tate Road. The applicant is agreeable to this requirement and has provided details in the subdivision construction plans for the emergency access road. The Planning Commission recommended approval of this variance by a unanimous vote at their December 20, 2012 meeting. Now therefore, be it resolved by the City Council of the City of Victoria, Texas: 1. Variance from Section 21-55(f) of the Victoria City Code, limiting maximum cul-de-sac length to 750 feet when serving over 24 residential units, is granted for Capstone Estates Phase III, Section I owned by Timothy and Nina Rampey, provided the applicant constructs its proposed temporary emergency access road. 2. This resolution shall become effective immediately upon adoption.

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Passed, this the 15th day of January, 2013 Ayes: Nays: Abstentions: Approved and adopted, this the 15th day of January, 2013

_______________________________________ Will Armstrong, Mayor of the City of Victoria, Texas Attest: Approved as to legal form:

__________________________ Scarlet Swoboda, City Secretary

_____________________________________ Thomas A. Gwosdz, City Attorney

Distribution:

Legal Department Public Works

Copies Sent: ____________________________

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